Proscribed Conduct

Article III: Proscribed Conduct

A. Jurisdiction of the University

Generally, University jurisdiction and discipline shall be limited to conduct which occurs on University premises or at activities pursued under the auspices of the University which adversely affects the Univer­sity Community and/or the pursuit of its objectives.

B. Violation of Law and University Discipline

1. University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of this Student Code of Conduct; for example, if both violations result from the same factual situ­ation, without regard to pending civil litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal pro­ceedings off-campus.

2. When a student is charged by federal, state, or local authorities with a vio­lation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also the subject of a proceeding before a Hearing Officer or Hear­ing Board under the Student Code of Conduct, however, the University may advise off-campus authorities of the existence of the Student Code of Con­duct and of how such matters will be handled internally within the Univer­sity community. The University will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators. Individual students and faculty members, acting in their personal capacities, remain free to interact with governmental representatives, as they deem appropriate.

3. The University Conduct System is an administrative process. It is not a criminal law process, nor is it intended to resemble one.

C. Conduct Rules and Regulations

Any student found to have committed the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

1. Acts of dishonesty, including but not limited to the following:

a. Cheating, plagiarism, or other forms of academic dishonesty. See Academic Policies, 09.7, Procedures for Dealing with Academic Misconduct. These take precedence over the Code of Conduct.

b. Furnishing false information to any University official, faculty member or office.

c. Forgery, alteration, or misuse of any University document, record, or instrument of identification.

d. Tampering with the election of any University recognized student organization.

2. Disruption or obstruction of teaching, research, administration, disci­plinary proceedings, other University activities, including its public service functions on or off campus, or other authorized non-University activities, when the act occurs on University premises.

3. Conduct which results in:

a. Physical harm,

b. Threatening or endangering the health or safety of any person;

c. Intimidation (implied threats)

d. Coercion (pressuring another unreasonably until an act is not truly voluntary)

5. Stalking, defined as repetitive, menacing pursuit, following, harassment, and/or interference with the peace and/or safety of a member of the community.

6. Relationship abuse, which is here defined as the act or attempt to commit any of the above violations listed in paragraph 3, 4, or 5 above by a current or former sexual or intimate partner, under circumstances that constitute a threat to the victim’s safety.

7. Unwanted sexual contact, which includes but is not limited to any sexual contact as defined by RSA 632-A:1 (IV) without seeking and receiving expressed permission. Unwanted sexual contact includes sexual contact when a person’s ability to give expressed permission is compromised due to mental/physical disability and/or mental /physical incapacity due to substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of these.

8. Sexual misconduct, which includes, but is not limited to, any sexual activity as defined by RSA 632-A:1 (V) without seeking and receiving expressed permission. Sexual misconduct includes sexual activ­ity when a person’s ability to give expressed permission is compromised due to mental/physical disability and/ or mental/physical incapacitation due to substance ingestion. Substances can include legal or illegal drugs and alcohol or any combination of these.

9. Attempted or actual theft of or possession of stolen property of the Univer­sity or property of a member of the University community or other per­sonal or public property.

10. Intentional or reckless damage to property of the University or property of a member of the University community or other personal or public property.

11. Fire safety violations including, but not limited to:

a. Intentionally or recklessly causing a fire which damages University or personal property or which causes injury.

b. Failure to evacuate a University controlled building during a fire alarm.

c. Improper use of University fire safety equipment.

d. Tampering with or improperly engaging a fire alarm or fire detection/control equipment while on University property.

12. Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private prop­erty, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

13. Failure to comply with directions of University officials or law enforce­ment officers acting in performance of their duties and/or failure to iden­tify one-self to these persons when requested to do so.

14. Unauthorized possession, duplication or use of keys to any University premises or unauthorized entry to or use of University premises.

15. Violation of any approved University policy, rule, or regulation, published in hard copy or available electronically or on any official university Web site, including but not limited to the University Room and Board Agreement, Fire Safety Regulations, University Dining Policies, and University Alcohol and Drug Policies. The breakdown follows:

a. Violation of published policies: housing (overnight guests)

b. Violation of published policies: housing (solicitation),

c. Violation of published policies: housing (pets),

d. Violation of published policies: housing (prohibited items)

e. Violation of published policies: housing (rights of others/noise),

f. Violation of published policies: housing (hall sports),

g. Violation of published policies: housing (other),

h. Violation of published policies: affirmative action,

i. Violation of published policies: other.

16. Use, possession, manufacturing, or distribution of narcotic or other controlled substances except as expressly permitted by law. (See Alcohol, Tobacco, and Other Drug Policies, page 11, and pages 44ž47.) The break­down follows:

a. Use of narcotic or other controlled substances

b. Possession of narcotic or other controlled substances

c. Distribution of narcotic or other controlled substances

d. Possession of drug paraphernalia, including but not limited to, bongs, pipes, or one-hitters.

e. Hosting a gathering where the use of narcotics or other controlled substances has occurred/common sources

f. Manufacturing of narcotic or other controlled substances

17. Use, possession or distribution of alcoholic beverages except as expressly permitted by law and University regulations. The breakdown follows:

a. Use/possession/distribution of alcohol by individual under legal age,

b. Public intoxication,

c. Excessive consumption of alcohol,

d. Alcohol in common area of residence halls/apartment areas,

e. Possession/consumption of alcohol in room of individual under legal age,

f. Providing underage people with alcohol,

g. Hosting a gathering where prohibited drinking has occurred/common sources,

18. Guest responsibility means that all UNH students are responsible for the behavior of their guests when on University property and may be held accountable for violations of any University rule by their guests. The defini­tion of “guest” includes, but is not limited to, any person(s) a student invites into his/her room or apartment building or to the campus, and/or any person(s) involved in activity in his/her room or apartment which violates any provision of the Student Code of Conduct.

19. Illegal or unauthorized possession, or use of firearms, explosives, fire­works, other weapons, or dangerous chemicals. See USNH Online Policy Manual (OLPM) UNH.111.J.1-5.

20. Participation in a campus demonstration which disrupts the normal operations of the University and infringes upon the rights of other mem­bers of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area, or in or around public ways in the town of Durham, failure to disperse when so directed by police or university officials; intentional obstruction which unreasonably interferes with the free flow of pedestrian or vehicular traffic, on University premises or at University sponsored or supervised functions, or in or around public ways in the town of Durham.

21. Conduct that is unacceptable because the behavior is one or more of the following:

a. Disorderly

b. Lewd

c. Obscene

d. Breach of peace

e. And/or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University.

22. Theft or other abuse of computer time, including but not limited to:

a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.

b. Unauthorized transfer of a file.

c. Unauthorized use of another individual’s identification and password.

d. Use of computer and/or computing facilities to interfere with the work of another student, faculty member or University Official.

e. Use of University computer facilities and/or computing technology to send or post obscene, harassing, or abusive messages.

f. Use of computer and/or computing facilities to interfere with normal operation of the University computing system.23. Abuse of the Conduct System, including but not limited to:

a. Failure to obey the summons of a University official who has responsibil­ity for any aspect of the conduct system.

b. Falsification, distortion, or misrepresentation of information before a Hearing Board or University Hearing Officer.

c. Disruption or interference with the orderly conduct of a conduct proceed­ing.

d. Instituting a student conduct proceeding knowingly without cause.

e. Attempting to discourage an individual’s proper participation in, or use of, the conduct system.

f. Attempting to influence the impartiality of a member of a Hearing Board prior to, and/or during the course of, the conduct proceeding.

g. Harassment (verbal or physical) and/or intimidation of a member of a judicial system prior to, during, and/or after a judicial proceeding.

h. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.

i. Influencing or attempting to influence another person to commit an abuse of the conduct system.

24. Knowingly assisting in the violation of any of the provisions of this Code.

25. Criminal convictions of or violations of local state or Federal laws otherwise not covered under this Code.